Before Privacy, Power: The Structural Constitution & the Challenge of Mass Surveillance

Before Privacy, Power

The rich legal literature that has grown up to assess the constitutionality of bulk communications collection by the government has focused overwhelmingly—and understandably—on the challenge such programs pose to particular claims of individual right against the state, yet attempting to describe what seems troubling about bulk collection in terms of individual rights alone has significant doctrinal and conceptual limits.

By Deborah Pearlstein

Deborah Pearlstein is a Professor of Law at Cardozo Law School, Yeshiva University. Her work on national security and the separation of powers has appeared widely in law journals and the popular press.

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